5. If at any time it shall be deemed
necessary by the Company or their servants to carry any part of the
said main or branch lines of the said Electro-Telegraphic communication
through or over any estate, lands, or grounds, being private property,
it shall be lawful for the said Company, by their agents or servants,
to enter into and upon the said lands of any person or persons, bodies
politic or corporate, as they shall think necessary for the making,
completing, maintaining, or repairing the said line or lines, and on
such lands to set-up, construct, or build such posts, buildings or others
erection as may be necessary for such line or the branches thereof,
and do all others matters and things which the said Company shall think
convenient and necessary for the making, extending and easy using of
the said Electric-Telegraph or its branches, or the works connected
therewith, they, the said company, doing as little damage as may be
in the execution of the several powers to them hereby granted, and agreeing
with the owner or owners, occupier or occupiers of such private property,
as to the amount of compensation to be paid to such owner or owners
respectively; and in case of disagreement as to the amount of damages
or compensation to be paid by the said Company, then the amount of such
damages or compensation shall be ascertained and determined by three
arbitrators, one to be chosen by the said Corporation, or their agent
or servant, and one by the owner or occupier of the said private or
corporate property in question, which two arbitrators so chosen, shall
chose a third arbitrator; and in case the two first mentioned arbitrators
shall not agree in the choice of a third arbitrator, then and in such
case it shall and may be lawful for the Lieutenant Governor or Administrator
of the Government for the time being, upon application of the said Corporation,
to appoint a third arbitrator; and the award of the said arbitrators,
or any two of them, shall be final and conclusive in the matters referred
to them; and in case any of the said owners or occupiers of such private
or corporate property shall decline making any such agreement, or appointing
such arbitrator, then and in every such case the said Corporation shall
make application to the Supreme Court of this Province, or to any one
of the Judges thereof, stating the grounds of such application, and
such Court of Judge is hereby empowered and required from time to time,
upon such application, to issue a writ or warrant, directed to the Sheriff
of the County or City and County in which such lands lie, or on case
of his being a party interested, then to any Coroner of such County
not interested, and in case of the said Sheriff and Coroner being both
interested, then to some other person or persons who may be disinterested,
commanding such Sheriff, Coroner, person or persons disinterested, as
the case may be, to summon and empanel a Jury of twenty freeholders
within the said Country, who may be altogether disinterested, which
Jury upon their oath, (which oath, as well as oaths to be taken by any
person or persons who shall be called upon to give evidence in the matter,
the Sheriff, Coroner, or person or persons summoning such Jury, is hereby
empowered to administer) shall inquire, ascertain, and assess the distinct
sums of money or annual rent to be paid as the amount of compensation
and satisfaction for the damages which may and shall be sustained by
such owner or owners, occupier or occupiers of such private or corporate
property as aforesaid; and the award, inquisition, or verdict of such
Jury shall be returned and filed in the office of the Clerk of the Pleas
in the said Supreme Court, and shall be final and conclusive between
the parties; which amount so assessed as aforesaid, and the costs and
expenses of such proceedings, when taxed and allowed by the said Supreme
Court or one of the Judges thereof, shall be borne by the said Corporation,
and shall be by them paid within thirty days after the said inquisition,
award, or verdict shall be filed as aforesaid.
6. So soon as the main line of the communication
by the said Electric Telegraph, or any part thereof, or any of its
branches, shall be complete and opened, it shall and may be lawful
for the said Corporation at all times to ask, demand, take, sue for, and recover to and for their own proper use, such rates, tolls,
or dues for the transmission and writing out of any and every message
or communication of any kind ever transmitted and conveyed at the cost
and change of the said Company, by or upon the said Electric Telegraph, and such or sums of money as the said Company may think just and reasonable.